Terms and conditions for the supply of consultancy of services to the council under a purchase order

5.1 If the Consultant fails to perform the Services by the applicable date, the Council shall, without limiting its other rights or remedies, have one or more of the following rights:

5.1.1 to terminate the Contract with immediate effect by giving written notice to the Consultant;

5.1.2 to refuse to accept any subsequent performance of the Services which the Consultant attempts to make;

5.1.3 to recover from the Consultant any costs incurred by the Council in obtaining substitute Services from a third party;

5.1.4 where the Council has paid in advance for Services that have not been provided by the Consultant, to have such sums refunded by the Consultant; and/or

5.1.5 to claim damages for any additional costs, losses or expenses incurred by the Council which are in any way attributable to the Consultant’s failure to meet such dates.

5.3 This Contract shall extend to any replacement Services supplied by the Consultant.

5.4 The Council’s rights under this Contract are in addition to, and not instead of or in substitution for, its rights and remedies implied by statute and common law.